In 2021, 4,480 people were killed on Texas roadways. Thousands more were injured, some of them so seriously that their lives, and the lives of their loved ones, will never be the same.
The Texas Department of Transportation reports that 2021 was the second deadliest year for car accidents in Texas since 1940, when the DOT first began tracking fatalities. In fact, in 2021, Texas had more fatal car accidents than any other state.
If you were injured, or if a loved one has been killed after having been involved in a car accident in New Braunfels, TX, Kyle Law Firm’s experienced attorneys will help you collect for your damages. We have a track record of obtaining maximum compensation for our clients.
This article contains crucial information New Braunfels car wreck attorneys want you to be aware of in case you’re involved in an accident.
What Should You Do After A Car Accident In New Braunfels TX?
What you do at the scene of the accident depends on whether you were severely injured and subsequently taken away in an ambulance, or whether you can stay at the scene and wait for medical treatment. If you can stay at the scene, Texas car accident lawyers say you should do the following:
- Do not flee. No matter how serious it is, and even if you think the accident was your fault, or that your actions were contributing to your own car accident, you will face both criminal and civil penalties if you leave the scene of the accident.
- Call the police. Texas law requires you to call the police if anyone is injured or killed in a car accident, or if your vehicle is damaged to the extent that it cannot be “normally or safely driven away.” Write down the name and badge number of the officer who takes the report. This will help you get a copy of the report once it has been prepared.
- Exchange important information. This means exchanging driver’s license numbers and insurance information of all drivers involved in the accident. Make sure to record the following from all drivers involved:
- Name of the insurance company and policy number
- License plate number
- Vehicle make and model
- Take notes about what happened. Describe the location of the accident, the time of day, the weather conditions, and anything you can think of that seems relevant. If you question its relevance, err on the side of including too much information.
- Get witness statements if possible. If there are witnesses, get their contact information and write down what they tell you about the accident. Include where they were located at the time so you will later know what their view was of the accident.
- Do not make any admissions to anyone. Be careful what you say. Even if you think you may have been partially at fault, you shouldn’t say it at this time. Even a simple statement may later be used against you. For example, you might say, “I didn’t see the car coming.” This may be interpreted against you as evidence you were not paying attention, even if the reason you didn’t see the car coming was because it rounded a corner and ran a red light.
- Take photographs if you can. Try and show the position of the cars, any skid marks, the damage to the vehicles, and any road hazards.
- Get medical care. You should get checked out even if you don’t think you were injured. Some soft tissue injuries don’t show up until the next day or even a few days later. A New Braunfels car wreck lawyer can help you obtain compensation for any damages.
- Seek representation from a New Braunfels car accident attorney.
What Typically Causes Car Accident Cases in New Braunfels TX?
Almost all driving accidents are due to negligence, which means they are due to driver error and are preventable. Some of the most common causes of a car accident in New Braunfels are:
- Drunk driving. The DOT reports that every eight-and-a-half hours, one person is killed in a DUI-related traffic accident. Last year, 2,522 people were seriously injured and another 1,029 people were killed in car accidents caused by an alcohol-impaired driver.
- Distracted driving. This takes many forms including talking on the phone or texting, talking to passengers, dealing with children, eating, grooming, and more.
- Drowsy driving. Statistics show that drowsy driving can impair a driver as much as driving while intoxicated.
- Speeding. Nearly one-third of fatal accidents are caused by a speeding driver. In Texas in 2021, 1,522 traffic fatalities were caused by speeding drivers.
- Reckless driving. Reckless driving includes weaving in and out of traffic, tailgating, carelessly changing lanes, speeding up to beat the light, failing to yield the right-of-way, and more.
- Roadway in disrepair. A few examples include potholes, debris fallen on the roadway and not cleared away, or branches hanging low and blocking street signs.
- Bad weather conditions.
- Tire blow out.
Common Injuries Caused By New Braunfels, TX Motor Vehicle Accidents
No matter whether you are the driver or passenger, any part of your body can be injured in a car accident. Some of the most common injuries resulting from a car crash include, but are not limited to:
Bruising, contusions, scrapes, and cuts. A car accident that seems minor may still result in soft tissue injuries, like bruises and contusions. The restraint of a seat belt can leave you bruised as your body is thrown backward and forward but kept from flying out the window. Objects in the car may fly around and hit you causing cuts, bruises, or other injuries.
Road rash can cause lacerations, cuts, and contusions, and occurs if you are thrown out of the car and dragged along the harsh road.
Whiplash and other soft tissue injuries. When the car you are in collides with another car, your body may be thrown forward and backward. Your seatbelt keeps you in the car, but the thrust of your head and neck going back and forth can result in injury to the muscles and ligaments in your neck. Even accidents at low speeds can cause a whiplash injury.
Back injuries. The thrust of your body forward and then backward can cause spinal cord injuries. The jerking motion can cause herniated discs or even ruptures of your spinal cord discs. These injuries can be debilitating and take months for you to heal. Some spinal cord injuries can result in paralysis and may be permanent.
Traumatic Brain Injury (TBI). A TBI is an injury that affects how your brain works. It can be caused by your body being thrown around in the car. The sudden back and forth movement jostles your brain in your head, which can damage the brain in ways that affect how a person thinks and feels.
You can also hit your head on parts of the car resulting in a concussion. If you have trouble with your memory or feel like your thinking is foggy, you may have suffered from a concussion, which is a TBI.
A TBI may be mild, moderate, or severe. It is important to get prompt medical treatment if you believe you may have suffered a TBI in a car accident.
Broken bones. The impact of the crash can cause your body to slam into car parts and result in broken bones.
Burns. Car crashes may cause fluids, like gasoline, to leak and catch on fire. If you are unable to get out of the car, you may suffer severe burns. Even if the car does not catch on fire, you may come in contact with these chemicals and suffer from chemical burns.
Internal injuries. The back-and-forth movement of your body, or your body being hit by an object can cause internal damage to your body. You may have internal bleeding from such an occurrence. These are serious injuries and often occur in high-speed accidents.
Disfiguring facial injuries. Your face can smash into the windshield or other hard surface and cause serious damage. The airbag can slam into your face, breaking bones and cutting your face, resulting in lifetime scarring.
Limb injuries and loss. Unfortunately, limbs are sometimes severed or nearly severed in car crashes. This could happen to any limb, from your fingers to your lower limbs. The limb may be so severely damaged that it must be surgically amputated. This is a life-changing experience.
You can also suffer from strains and sprains of all muscles and broken bones throughout your body.
Crushing injuries. Any time your body gets caught between two objects, you can suffer serious injuries that range from broken bones to internal injuries.
Post-Traumatic Stress Disorder (PTSD). The trauma of a car accident and subsequent injuries can cause damage to your mental and emotional health and sense of well-being. You may be scared of driving, have trouble sleeping, be disturbed by certain sounds, and more.
Each type of injury requires medical care and treatment. Some injuries may require lifelong care and treatment. Life is often never the same for many people injured in Texas car accidents.
If you’ve suffered an injury as a result of a car accident in Texas, you may be entitled to compensation for damages which can help offset some of the physical and emotional burden. A New Braunfels car wreck attorney can help you seek that compensation.
What Is My New Braunfels, TX Car Accident Case Worth?
Obtaining compensation for an auto accident can be tricky, and you may be wondering how much your case is worth. You may have heard the word “damages” thrown around in reference to personal injury cases. “Damages” means the amount of money you will be able to collect from the driver who was at fault for your car accident.
As to what your case is worth, each case is different. There is no one size fits all damage calculator. Damages are available in three different categories: economic damages, non-economic damages, and punitive damages.
Economic damages. These are damages that can be mathematically calculated and may include:
- Payment of all your medical bills. This includes all you have incurred to date and an estimated value of the ones you are expected to incur in the future if you need ongoing medical care.
- Lost wages due to time off work for treatment and recovery.
- Wages you may lose in the future if you are unable to return to your work and have to take a job with lesser pay.
- Income you will lose over your lifetime if you are unable to return to work and are permanently disabled.
- Costs of retraining, if necessary, so you can return to some type of employment.
- Physical rehabilitation costs if rehabilitation is necessary due to your injury.
- Reimbursement for out-of-pocket costs you incurred when obtaining medical treatment. This includes gas or costs of overnight lodging and food if you have to travel for treatment.
- Any other costs incurred due to the accident.
Non-economic damages. Non-economic damages are to compensate you for your damages that are not possible to calculate. These damages include:
- Pain and suffering. Insurance companies have formulas they use to calculate the amount of pain and suffering you should be compensated for based on the amount of your economic damages. This is a guideline and not a formula carved in stone. There are times when that formula just doesn’t work.
- Emotional distress. This includes PTSD if you are suffering from that. The burden is on you, the injured person, to prove you suffer from emotional distress in addition to your pain and suffering.
- Loss of consortium or companionship. These are damages paid to your family member, your spouse, or children, who have experienced a loss in their relationship with you because of your injury.
- Disfigurement.
- Loss of enjoyment of life.
Punitive damages. Punitive damages are for the purpose of punishing a defendant, usually for their intentional conduct. These damages are rare in a personal injury case that is based on negligence. If the person did not intentionally cause harm, they are not punished for their behavior.
When car accident attorneys are proving fault for a car accident, a defendant can be found grossly negligent, and you may collect punitive damages. Texas law states that “Gross negligence” is defined as an act or omission that “involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others” when the defendant was aware of the risk but proceeded to act anyway “with conscious indifference to the rights, safety, or welfare of others.”
When a defendant has had way too much to drink and attempts to drive anyway, then slams into your car, you may be able to collect punitive damages in addition to economic and non-economic damage.
Types Of Car Accident Claims We Handle
If a car is involved in the accident, a New Braunfels car accident lawyer at Kyle Law Firm can represent you and pursue damages on your behalf.
Some examples include:
- DUI driver-involved accident
- Representing pedestrians who were hit by a car
- Rear-end collisions
- Motorcycle and bicycle accidents
- Accidents involving semi-trucks
- School bus accidents
- Boating accidents
- Hit-and-run accidents
We represent clients in all car accident cases in New Braunfels TX.
There is a statute of limitations for car accident lawsuits in Texas. This means you must file your lawsuit with the court within two years after the accident occurs. If you miss this date by even one day, you lose your right to collect damages for your injury forever.
Liability For New Braunfels Car Accidents
Under Texas’ proportionate responsibility law, whoever is at fault for the accident is the one who is liable for damages. That also means that if you are partially at fault the amount of damages you can collect will be reduced by the amount of fault that can be proportionally assigned to you.
For example, if your damages come out to be $100,000, but you were also 30% at fault for the accident, your damages will be reduced by 30%. Instead of collecting $100,000, you will only receive $70,000.
If you are 51% at fault for the accident, you will collect nothing. Texas feels strongly that those involved should share responsibility for a car accident.
Schedule A Free Consultation With A New Braunfels Car Accident Attorney
At Kyle Law Firm, we treat our clients like family. We provide aggressive representation as we guide your case through the legal system. We’ll meet with you for a free consultation where you can learn about our services and how we plan to pursue your case. We also provide you with information about the substantial financial settlements we have won on behalf of our clients.
We won’t charge you a dime for our legal services unless you win. Contact a New Braunfels TX personal injury lawyer today by calling 830-620-9402, or message us to learn more.
